Doss

People v. Doss

Bad Law
1992 Cal. App. LEXIS 398·4 Cal. App. 4th 1585·6 Cal. Rptr. 2d 590·92 Daily Journal DAR 4436·92 Cal. Daily Op. Serv. 2874
Court of Appeal of CaliforniaApril 1, 1992B046265California4,324 words

Opinion

Opinion

Manella, J.

Defendant Joseph Doss, a pharmacist, was convicted following a jury trial of four counts of possession for sale of four controlled substances. In counts 1, 2, and 3, he was found guilty of possessing for sale glutethimide (Doriden), secobarbital/amobarbital (Tuinal), and amphetamine (Biphetamine), in violation of Health and Safety Code section 11378. In count 4, he was found guilty of possessing for sale hydromorphone (Dilaudid) in violation of Health and Safety Code section 11351. He was placed on probation for a period of four years, on condition, inter alia, that he spend nine months in county jail and pay a $5,000 fine.

On appeal, defendant challenges both the legal and factual sufficiency of the evidence, the admissibility of the agent’s expert testimony, and the trial court’s denial of his motion to suppress. We affirm.

Summary of Evidence

The evidence, taken in the light most favorable to the judgment (People v. Barnes (1986) 42 Cal.3d 284, 303 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ]), established that over a 15-month period, defendant, the owner of Medical Memorial Pharmacy, ordered and took possession of large quantities of certain controlled substances in high…

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